Sec. 17005. PRESERVATION OF MEDICARE BENEFICIARY CHOICE UNDER MEDICARE ADVANTAGE
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## SEC. 17005 PRESERVATION OF MEDICARE BENEFICIARY CHOICE UNDER MEDICARE ADVANTAGE Section 1851(e)(2) of the Social Security Act (42 U.S.C. 1395w-21(e)(2)) is amended— ####
(1)in subparagraph (C)— #####
(A)in the heading, by inserting “from 2011 through 2018” after “45-day period”; and #####
(B)by inserting “and ending with 2018” after “beginning with 2011”; and ####
(2)by adding at the end the following new subparagraph: > > ##### “(G) Continuous open enrollment and disenrollment for first 3 months in 2016 and subsequent years > > > ###### “(i) In general > > Subject to clause
(ii)and subparagraph (D)— > > > ###### “(I) > > in the case of an MA eligible individual who is enrolled in an MA plan, at any time during the first 3 months of a year (beginning with 2019); or > > > ###### “(II) > > in the case of an individual who first becomes an MA eligible individual during a year (beginning with 2019) and enrolls in an MA plan, during the first 3 months during such year in which the individual is an MA eligible individual; > > such MA eligible individual may change the election under subsection (a)(1). > > > ###### “(ii) Limitation of one change during open enrollment period each year > > An individual may change the election pursuant to clause
(i)only once during the applicable 3-month period described in such clause in each year. The limitation under this clause shall not apply to changes in elections effected during an annual, coordinated election period under paragraph
(3)or during a special enrollment period under paragraph (4). > > > ###### “(iii) Limited application to part d > > Clauses
(i)and
(ii)of this subparagraph shall only apply with respect to changes in enrollment in a prescription drug plan under part D in the case of an individual who, previous to such change in enrollment, is enrolled in a Medicare Advantage plan. > > > ###### “(iv) Limitations on marketing > > Pursuant to subsection (j), no unsolicited marketing or marketing materials may be sent to an individual described in clause
(i)during the continuous open enrollment and disenrollment period established for the individual under such clause, notwithstanding marketing guidelines established by the Centers for Medicare & Medicaid Services.” > .
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Sec. 17005
PRESERVATION OF MEDICARE BENEFICIARY CHOICE UNDER MEDICARE ADVANTAGE
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